subscribe

follow

!! OMG, It’s Unconstitutional: The Defense of Marriage Act !!

Good news: the Defense of Marriage Act was ruled unconstitutional by a Boston judge yesterday!
You might remember DOMA as the nonsenisal Clinton-era law that allows the federal government to ignore double-weiner marriages performed by states in which it’s legal. Not so fast, bitches! says U.S. District Judge Joseph Tauro:

“The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and in doing so, offends the Tenth Amendment. For that reason, the statute is invalid,” Tauro wrote in a ruling in a lawsuit filed by Attorney General Martha Coakley.

Ruling in a separate case filed by Gays & Lesbian Advocates & Defenders, Tauro found that DOMA violates the equal protection clause of the U.S. Constitution.

Yayyyy! So does this mean all you gay husbands out there can now start collecting your federal pensions? Um, no. Does it mean that DOMA is done for? Not that either– so put those engagement rings away.
What it means is that the whole thing’s going to be in appeals for the next billion years. But, you know, yay anyway! Thanks Judge Tauro!
[Associated Press]

1 Commenton "OMG, It’s Unconstitutional: The Defense of Marriage Act"

Only one of DOMA’s sections, the section defining “marriage” and “spouse” for purposes of federal law, was ruled unconstitutional. The remainder of the law, which allows states to ignore legal same-sex marriages performed in other jurisdictions, remains intact. Not to take away anything from this victory, just being accurate.